Boulder CountyTDCs & SPR

regulation changes

Boulder County TDCs & SPR

Presenters: Ruth Becker & Kim Sanchez

Boulder County TDC ProgramWhat are TDCs?Transferable Development Credits• Rights to develop additional residential floor area

Boulder County TDC ProgramWhat is the TDC Program?

•Boulder County Land Use Code Article 4-1300•New Program, Effective 8/8/08•Size Threshold 6000 square feet

Residential Floor Area: Attached and Detached area

Principal Residence and Residential Accessory StructuresExcludes covered porches, decks and patios

•TDC Program provides mechanism to transfer rights to develop above Size Threshold•TDCs obtained through restrictions on development

Smaller homes and Vacant Land

Boulder County TDC ProgramWhat is the purpose of the TDC Program?

• Implement Sustainability Element of Comprehensive Plan – Offset Impacts of Large Home Construction– Preserve Rural Neighborhood Character– Preserve Vacant Land

• Preserve Diversity of Housing Stock

Boulder County TDC ProgramWho are the Interested Parties?

• TDC Buyers:– Want more than 6000 sq. ft residential floor area– Required (some exemptions)

• TDC Sellers:– Restrict development to 2000 sq. ft. rfa or less– Voluntary

• Uninvolved: – 2000-6000 square feet development– City dwellers, Outside Boulder County

Boulder County TDC ProgramHow Many TDCs Do I Need to Purchase?

Number of square feet

Number of TDCs Total Additional Square Feet

Total Credits for Additional Square Feet

1st 500 1 500 12nd 500 1 1,000 23rd 500 2 1,500 44th 500 2 2,000 65th 500 3 2,500 9Each additional 500 sf

3

Boulder County TDC ProgramWhat development is Exempt from the

6000 square foot Size Threshold?• SPR application submitted by 9/7/07• Building permit application submitted by 8/8/08• Development is within statutory vesting period

– Receive additional 3 year vesting period

• Part of a TDR/PUD – 9000 square foot threshold

• Firm numerical house size recognized by BOCC• Restoration of damaged/destroyed structure

– Causes outside control of owner

Boulder County TDC ProgramWho Can Sell TDCs?

• Owners of legal building lots• Parcels must have legal access• Restrict development through Restrictive Covenant or

Conservation Easement• Mortgage Subordination

Boulder County TDC ProgramHow Many TDCs For Restricting Residential Floor Area?

Developed Parcel Residential Floor Area

Number of TDCsAvailable

2,000 square feet 2 TDCs1,500 square feet 3 TDCs1,000 square feet 4 TDCs

Boulder County TDC ProgramHow Many TDCs For Restricting to Vacant Land?

Vacant Properties Mountains PlainsConservation Easement

5 TDCs

7 TDCsSale in Fee

10 TDCs

12 TDCs

Boulder County TDC Program• Are Bonus TDCs Available?• For Significant Conservation Values

– Preservation of natural, cultural, ecological resources– Agricultural water rights– Urban shaping– Trail linkages, access to lakes, elimination of private property

enclaves

• Maximum of 5 bonus TDCs

• Separate Review by Parks and Open Space Department

Boulder County TDC ProgramWhat is the Process to Obtain TDCs?

• TDC Determination Application• Title Review• Restrictive Covenant or Conservation Easement• Subordination of Mortgages/Deeds of trust

Boulder County TDC ProgramWhat are the Benefits of Selling TDCs?

• Obtain funds for another purpose• If intend to maintain house size or vacant land, provides

opportunity to benefit from that decision• Conserving land and diversity of housing stock

Boulder County TDC ProgramWhat are the Limitations of Selling TDCs?

• Permanent restrictions• Vacant land can never be developed• Development size restriction can only be increased to

2000 square feet– With Covenant Amendment

Boulder County TDC ProgramHow to Buy and Sell TDCs?

• Through the TDC Clearinghouse• Privately• Registration Process• Sales Reporting Requirements

– Issuance of New TDC Certificate to Buyer

Boulder County TDC ProgramWhat is a TDC Worth?

• Market Value• TBD• No Fractional TDCs Recognized

Boulder County TDC ProgramHow to Use TDCs?

• Need Approved Site Plan Review– Purchase of TDCs does not guarantee approval

• Risks of Purchasing TDCs Before SPR Approved• Submit to Land Use with Building Permit App

Boulder County TDC ProgramWhere Can I Find Additional Information?

• www.BoulderCountyTDCclearinghouse.org• Clearinghouse Administrator• Boulder County Land Use

Boulder County SPR reg.changes

Site Plan Review (SPR)

Boulder County SPR reg.changesUnincorporated lands: Old Townsites

Boulder County SPR reg.changesUnincorporated: Mountain settlements

Boulder County SPR reg.changesUnincorporated lands: Foothills

Boulder County SPR reg.changesUnincorporated lands: Rural Plains

Boulder County SPR reg.changesUnincorporated lands: Mining Claims

Boulder County SPR reg.changesFor Sale By Owner

Boulder County SPR reg.changesUnusual Building Sites

Boulder County SPR reg.changesUnusual Building Sites

Boulder County SPR reg.changesDifficult Access

Boulder County SPR reg.changesSteep Slopes

Boulder County SPR reg.changesDense Forests

Boulder County SPR reg.changesWildfire Danger

Boulder County SPR reg.changesWildlife

Boulder County SPR reg.changesSite Plan Review

1993 Site Plan Review regulations adopted (for an 8 month interim)

1994 Site Plan Review regulations approved& extended to the plains

Boulder County SPR reg.changesPurpose

• To mitigate the impact of development– Single-family residences– Larger sized additions

Site Plan Review Approves:– Bulk / Massing of a structure

•How Big•How Tall•Where Located on a property

Boulder County SPR reg.changesSite Plan Review Evaluation Standards

16 STANDARDSEnvironmentalSafetyVisualCompatibility *new 8/8/08*

Boulder County SPR reg.changesRecent Trends• Trends show BIGGER houses • Changing character of neighborhoods• Housing stock

• Comprehensive Plan/Land Use Code Update– BOCC / PC made building size a priority– Need to address the issues of size (neighborhood

character/compatibility) and energy consumption

Boulder County SPR reg.changes

SPR applications (last few years leading up to regchanges):

• Approx. 50% houses < 5,000 sq.ft.

• Approx. 40% houses are between 5,000 - 10,000 sq.ft.

• Approx. 10% houses > 10,000 sq.ft.

Building Permit applications:

• 2006 median house size = 6,290 sq.ft. >Median grew incrementally from 3,627 sq.ft (2002)

Trends / Sizes

Boulder County SPR reg.changesTrends: Demo/Rebuilds

• ~¼ of SPR applications are for teardowns

• Median demolished house size = ~2,000 square feet Average demolished house size = ~2,700 square feet

• The average difference in size between a demo-ed house and the new house that replaces it = ~3,000 sq.ft.

• On average, the new houses are 2-3 times largerthan the demo-ed house they're replacing

INDICATORS

TDRs Structure Size Green Building Other Topics

**GOALS**ELEMENT

-Maps--Text-

Boulder County SPR reg.changesDefined NeighborhoodNeighborhood is defined as:

= Area w/in 1500’ of the subject parcel, excluding subdivisions w/ more than 7 developed lots, townsites, or areas w/in municipal boundaries

= Platted Subdivisions with more than 7 developed lots

= Mapped Townsites (Allenspark, Eldora, EldoradoSprings, Gold Hill, Raymond, & Riverside)

Boulder County SPR reg.changesPresumptive Compatible SizeLARGER # of either:

125% of the median residential floor area for the defined neighborhood

OR

1,500 sf townsite areas2,500 sf everywhere else

Boulder County SPR reg.changesResidential Floor AreaResidential floor area

= includes all attached and detached floor area on a parcel including principal and accessory structures used or customarily used for residential purposes, such as garages, studios, pool houses, home offices, and workshops

Boulder County SPR reg.changesFactors to Rebut Presumption

Visibility: structure must be minimally visible from other private parcels w/in the defined neighborhood/public roads/open space

Use of topography / underground constructionDistance of proposed development from private parcels, public roads, and open spaces

Distribution of home sizes w/in the neighborhood; take into consideration esp. those houses most closely adjacent to the property

Conservation Easements: House size limitation defined in a conservation easement under any other SPR standard

Boulder County SPR reg.changesScenic Corridor Area• Defined the Scenic Corridor & added additional SPR

criteria for development w/in the Peak-to-Peak Scenic Corridor Area

• These criteria will deal with the visibility impacts along the Peak-to-Peak Scenic Highway

• Identify specific mitigation factors & give more clarity to property owners in this area

• Mitigating factors include: Changing location or structure orientation Height of structures Reduction or location of windows and glazing Exterior color and materials Lighting